The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the special intimidation of fact, the Defendant attempted to harm the victim, and did not intimidation the victim, the lower court found the Defendant guilty of the charges of special intimidation, and thus, the lower court erred by misapprehending the legal doctrine.

B. The Defendant, who was physically and mentally weak, suffered from ordinary depression, uneasiness, and depression disorder, and was under the influence of alcohol at the time of special intimidation or special residence intrusion. As such, punishment should be mitigated on the ground that the Defendant was physically and mentally weak at the time of each of the instant crimes.

(c)

The sentence (one year of imprisonment, confiscation) sentenced by the court below against the defendant is too unreasonable.

2. Determination

A. A. 1) In a misunderstanding of facts, the expression of harm that may generally cause fear to a person by viewing it as an element for a crime of intimidation refers to a threat of harm that is likely to cause fear. As such, an intentional act as a subjective constituent element does not require an actor to actually realize or desire the harm that was notified with the content of recognizing and citing that the perpetrator informss such a degree of harm. However, if the perpetrator's speech or behavior is merely merely an expression of simple emotional humiliation or temporary dispersion, and it is objectively evident that the perpetrator has no intent of intimidation in light of the surrounding circumstances, it shall not be recognized that the perpetrator has an intention of intimidation or intimidation. However, whether there was a threat or intent of intimidation in the above meaning should be determined by taking into account not only the external appearance of the act, but also the surrounding circumstances, such as the background leading to such act, the relationship with the victim, etc. (see, e.g., Supreme Court Decision 90Do2102, May 10, 191).